Goward v. Waters
Massachusetts Supreme Judicial Court
Contract for one hundred and thirty-five dollars, alleged to be due on a written promise of the defendant concerning the sale of real estate in North Chelmsford; with a count in quantum meruit.
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Contract for one hundred and thirty-five dollars, alleged to be due on a written promise of the defendant concerning the sale of real estate in North Chelmsford; with a count in quantum meruit. In the superior court these facts were agreed: On October 6 1866, the defendant signed the following writing : “ I, Samue A. Waters, of Chelmsford, in consideration that Zephaniah and Francis Goward, [the plaintiffs,] both of Lowell, shall purchase or shall procure a purchaser for a certain piece of land with the buildings thereon, situated in North Chelmsford, at the price of $4500, at which sum I…
1Opinion of the CourtWells, J.
The bargain and conveyance of the farm by the defendant and his wife was a sale, within the meaning of the contract in suit. The condition of the title cannot affect the *598right of the plaintiffs nor the liability of the defendant. Hia contract is merely personal, and is absolute in its terms. By the terms of the last clause of the agreement, Waters was bound to pay the plaintiffs three per cent, upon the price for which the farm was sold, which would amount to a hundred and thirty-five dollars. The only defence to a recovery of that sum is, that there appears to be no consideration for the…
2Cases cited6 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wellington v. ApthorpMassachusetts Supreme Judicial Court · 1887
- Axe v. TolbertMichigan Supreme Court · 1914
- Stensgaard v. SmithSupreme Court of Minnesota · 1890
- Walsh v. GrantMassachusetts Supreme Judicial Court · 1926
- Cloe v. RogersSupreme Court of Oklahoma · 1912
22 more not listed; retrieve them via the Exa API.